NOT RECOMMENDED FOR FULL-TEXT PUBLICATION

File Name: 15a0455n.06

No. 14-6367

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

RICHARD ADLER,

Plaintiff-Appellant,

v.

JOE F. CHILDERS, JR.,

Defendant-Appellee.

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ON APPEAL FROM THE 

UNITED STATES DISTRICT 

COURT FOR THE EASTERN 

DISTRICT OF KENTUCKY 

Before: GIBBONS and COOK, Circuit Judges; MURPHY, District Judge.1

MURPHY, District Judge. Dr. Richard Adler hired attorney Joe Childers on a 

contingency fee basis to help him sue a property developer and a construction company. After 

two years of litigation, Dr. Adler gave Childers permission to settle the case for $362,250. The 

attorneys for both parties agreed on a tentative settlement and the court sua sponte stayed the 

case pending completion of the settlement agreement. After Dr. Adler learned that the district 

court had dismissed the case from its active docket, he accused Childers of dismissing the case 

without prior approval and misrepresenting facts to the court, he expressed concern about 

Childers’ desire not to go to trial, and he stated that the agreement was full of provisions he 

could not accept. Childers responded that he would reinstate the case, but that his motion for 

reinstatement would be accompanied by a motion to withdraw. Dr. Adler then emailed the 

district court, claimed that he was without counsel and requested the court to restore the matter to 

 

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The Honorable Stephen J. Murphy, III, United States District Judge for the Eastern District of 

Michigan, sitting by designation.
the court’s active docket. Childers filed a subsequent motion to withdraw, as well as a motion for 

attorney’s fees and a lien, seeking quantum meruit compensation in lieu of a contractual 

contingency fee. 

The district court held a hearing and issued a written opinion, in which the court 

determined that Childers could recover a quantum meruit fee award under Kentucky law. It 

explained that the Kentucky Supreme Court had not specifically addressed whether an award 

based on quantum meruit was available when both parties contributed to the breakdown of the 

attorney-client relationship. Nonetheless, it found the case comparable to Kamber v. Abrams, No. 

2011-ca-000988-MR, 2012 WL 5305735 (Ky. Ct. App. Oct. 12, 2012) (unpublished). In both 

cases, the client repeatedly questioned the attorney’s ability to represent him and was culpable in 

undermining the employment arrangement. 

The district court then determined the appropriate fee. Based on Childers’ thirty-year 

experience as an attorney, his previous hourly rate, his specialized knowledge, and the skill with 

which he had litigated the case, the Court found a reasonable rate of $300 per hour. It also 

determined that Childers had billed 292.33 hours. After taking account of the amounts that Dr. 

Adler had already paid, the district court awarded $77,890.19 in outstanding legal fees.

On appeal, Dr. Adler contends that the district court erred in granting a quantum meruit

fee award and that the sum awarded was unreasonable. Having reviewed the record and the 

district court’s opinion, we adopt the district court’s opinion and reasoning as our own and 

AFFIRM.